by judy.pino@ncla.legal | Apr 1, 2021 | Adi Dynar, Blog
Must federal courts defer to a state agency’s interpretation of federal law? Two Eighth Circuit judges say yes. Eleven Ninth Circuit judges largely ignore the issue. Only Eighth Circuit’s Judge David Stras says no. Judge Stras is right. The Eighth Circuit has...
by judy.pino@ncla.legal | Jan 28, 2021 | Adi Dynar, Blog
Federal court appellate rules (and most state appellate and high courts) require party briefs to include a “standard of review” section (Federal Rule of Appellate Procedure 28(a)(8)(B)). Lawyers tend to pay little, if any, attention to this section. Usually, a...
by judy.pino@ncla.legal | Nov 9, 2020 | Adi Dynar, Blog
On November 2, 2020, Justice Amy Coney Barrett participated in her first two oral arguments as an Associate Justice of the Supreme Court of the United States. Over the next few decades, she will get to ask incisive questions during oral argument to help her...
by judy.pino@ncla.legal | Sep 25, 2020 | Adi Dynar, Blog
The Arizona Supreme Court took a welcome step last month by making it easier to obtain state-court stays of state-agency decisions. It adopted verbatim the NCLA-drafted amendment to court rules. The new rule is scheduled to go into effect on January 1, 2021....
by judy.pino@ncla.legal | Jul 9, 2020 | Adi Dynar, Blog
Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron....
by judy.pino@ncla.legal | Apr 9, 2020 | Adi Dynar, Blog
The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a...
